A Virginia judge has dismissed a lawsuit claiming that Virginia’s most populous county improperly accepted applications for absentee ballots.
A lawsuit filed last week by the Virginia Institute for Public Policy said the Fairfax County Office of Elections accepted applications for absentee and mail-in ballots without the last four digits of applicants’ Social Security numbers in violation of Virginia law.
The Fairfax County Office of Elections argued that Virginia law stipulates that such a challenge can only be brought by an “aggrieved voter,” the candidate for office, the candidate’s campaign, or the chairman of the candidate’s political party.
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Judge Michael Devine on Friday found that the Virginia Institute for Public Policy, as a nonprofit organization, lacked the standing to sue.
A statement from the Public Interest Legal Foundation, which represented the Virginia Institute for Public Policy, said the lawsuit was an “important deterrent for the other Virginia counties to abide by the law.”
“The judge dismissed the case on a technical ground that the Virginia Institute of Public Policy lacked standing to bring the case,” J. Christian Adams, president of the Public Interest Legal Foundation, said in a statement. “The merits of the case were not reached. It is unfortunate that an important election will take place with the registrar of the largest county in Virginia breaking the law. It isn’t fair to change the rules in the middle of the game. Fairfax is the only county breaking the law.”
Virginia’s gubernatorial election will take place on Tuesday. The tight race is seen as a bellwether for next year’s midterm elections.
On Monday, former President Donald Trump issued a statement praising Republican candidate Glenn Youngkin and calling into question the integrity of the commonwealth’s election.
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“I am not a believer in the integrity of Virginia’s elections, lots of bad things went on, and are going on. The way you beat it is to flood the system and get out and vote,” Trump said.
